Russia-The Judiciary Clashes of Power, 1993-96

The Ministry of Justice administers Russia's judicial system. The ministry's responsibilities include the establishment of courts and the appointment of judges at levels below the federal district courts. The ministry also gathers forensic statistics and conducts sociological research and educational programs applicable to crime prevention.

Many Western observers consider the judicial and legal systems weak links in Russia's reform efforts, stymieing privatization, the fight against crime and corruption, the protection of civil and human rights, and the general ascendancy of the rule of law. Many judges appointed by the regimes of Leonid I. Brezhnev (in office 1964-82) and Yuriy V. Andropov (in office 1982-84) remained in place in the mid-1990s. Such arbiters were trained in "socialist law" and had become accustomed to basing their verdicts on telephone calls from local CPSU bosses rather than on the legal merits of cases.

For court infrastructure and financial support, judges must depend on the Ministry of Justice, and for housing they must depend on local authorities in the jurisdiction where they sit. In 1995 the average salary for a judge was US$160 per month, substantially less than the earnings associated with more menial positions in Russian society. These circumstances, combined with irregularities in the appointment process and the continued strong position of the procurators, deprived judges in the lower jurisdictions of independent authority (see The Procuracy, ch. 10).

Data as of July 1996

Although the 1993 constitution weakened their standing vis-à-vis the presidency, the parliaments elected in 1993 and 1995 nonetheless used their powers to shape legislation according to their own precepts and to defy Yeltsin on some issues. An early example was the February 1994 State Duma vote to grant amnesty to the leaders of the 1991 Moscow coup. Yeltsin vehemently denounced this action, although it was within the constitutional purview of the State Duma. In October 1994, both legislative chambers passed a law over Yeltsin's veto requiring the Government to submit quarterly reports on budget expenditures to the State Duma and adhere to other budgetary guidelines.

In the most significant executive-legislative clash since 1993, the State Duma overwhelmingly voted no confidence in the Government in June 1995. The vote was triggered by a Chechen rebel raid into the neighboring Russian town of Budennovsk, where the rebels were able to take more than 1,000 hostages. Dissatisfaction with Yeltsin's economic reforms also was a factor in the vote. A second motion of no confidence failed to carry in early July. In March 1996, the State Duma again incensed Yeltsin by voting to revoke the December 1991 resolution of the Russian Supreme Soviet abrogating the 1922 treaty under which the Soviet Union had been founded. That resolution had prepared the way for formation of the Commonwealth of Independent States.

In his February 1996 state of the federation speech, Yeltsin commended the previous parliament for passing a number of significant laws, and he noted with relief the "civil" resolution of the June 1995 no-confidence conflict. He complained, however, that the Federal Assembly had not acted on issues such as the private ownership of land, a tax code, and judicial reform. Yeltsin also was critical of legislation that he had been forced to return to the parliament because it contravened the constitution and existing law, and of legislative attempts to pass fiscal legislation in violation of the constitutional stricture that such bills must be preapproved by the Government. He noted that he would continue to use his veto power against ill-drafted bills and his power to issue decrees on issues he deemed important, and that such decrees would remain in force until suitable laws were passed. The State Duma passed a resolution in March 1996 demanding that Yeltsin refrain from returning bills to the parliament for redrafting, arguing that the president was obligated either to sign bills or to veto them.

The Judiciary

The Ministry of Justice administers Russia's judicial system. The ministry's responsibilities include the establishment of courts and the appointment of judges at levels below the federal district courts. The ministry also gathers forensic statistics and conducts sociological research and educational programs applicable to crime prevention.

Many Western observers consider the judicial and legal systems weak links in Russia's reform efforts, stymieing privatization, the fight against crime and corruption, the protection of civil and human rights, and the general ascendancy of the rule of law. Many judges appointed by the regimes of Leonid I. Brezhnev (in office 1964-82) and Yuriy V. Andropov (in office 1982-84) remained in place in the mid-1990s. Such arbiters were trained in "socialist law" and had become accustomed to basing their verdicts on telephone calls from local CPSU bosses rather than on the legal merits of cases.

For court infrastructure and financial support, judges must depend on the Ministry of Justice, and for housing they must depend on local authorities in the jurisdiction where they sit. In 1995 the average salary for a judge was US$160 per month, substantially less than the earnings associated with more menial positions in Russian society. These circumstances, combined with irregularities in the appointment process and the continued strong position of the procurators, deprived judges in the lower jurisdictions of independent authority (see The Procuracy, ch. 10).

Data as of July 1996